TERMS AND CONDITIONS
KAYA APP
PT KAYA LAUTAN PERMATA

I. INTRODUCTION

PT Kaya Lautan Permata ("Kaya") is a licensed mutual fund selling agent registered with and supervised by the Otoritas Jasa Keuangan ("OJK") for marketing mutual funds. Kaya is the owner and operator of the investment application named Kaya ("Kaya App"), which facilitates customers in easily investing in mutual funds.

By registering as a Kaya Customer, the Customer is deemed to have read, understood, and agreed to all the contents of the Kaya App Terms and Conditions, including any changes that may occur in the future. These Kaya App Terms and Conditions constitute a valid and binding agreement between the Kaya Customer and Kaya.

II. DEFINITIONS

a. Business Day means a day other than Saturday, Sunday, and public holidays or days declared as holidays by the Indonesian government.

b. Customer means an individual registered with Kaya.

c. Kaya App is a mutual fund application owned and operated by PT Kaya Lautan Permata to help investors invest in mutual funds. KayaSmart+ will provide asset allocation according to the Customer's risk profile.

d. KayaSmart+ is a technology designed to help Clients optimize their mutual fund asset allocation in line with their risk profile and dynamic market conditions. KayaSmart+ automatically Rebalances the Client’s portfolio by adjusting the asset allocation parameters to match market strategies based on advanced analysis.

e. PIN (Personal Identification Number) is a personal identification number created by the Customer to use and/or conduct transactions on the Kaya App.

f. Mutual Fund, as defined by Undang-Undang Nomor 8 Tahun 1995 concerning the Capital Market, is a vehicle used to pool funds from investors to be subsequently invested in a securities portfolio by an investment manager.

g. SID (Single Investor Identification) is a unique and specific code issued to each Customer by PT Kustodian Sentral Efek Indonesia (KSEI) for use (by Kaya) in conducting securities transactions.

h. Portfolio refers to a collection of securities owned by individuals, companies, joint ventures, associations, or organized groups, including debt securities, commercial papers, stocks, bonds, debt certificates, collective investment contract participation units, futures contracts on securities, and any derivatives of securities.

i. Otoritas Jasa Keuangan (OJK) is an independent State Institution established under Law Number 21 of 2011 concerning the Financial Services Authority, which functions to implement an integrated regulatory and supervisory system for all activities in the financial services sector, free from interference from other parties, with regulatory, supervisory, inspection, and investigative functions, duties, and authorities.

III. STORAGE OF CUSTOMER PERSONAL DATA

1. The Customer hereby acknowledges and understands that by registering as a Kaya Customer, the Customer is required to provide certain personal data, including but not limited to identity (name, place and date of birth, mother's name, identification number, residential address, financial details such as bank account number, bank account transactions, and the like) that can identify them, either in whole or in part.

2. All personal data provided by the Customer will only be used by Kaya for purposes related to the use of the Kaya App, including purposes required by the competent authorities and applicable laws and regulations in the Republic of Indonesia.

3. The Customer's personal data is stored by Kaya in a digital and/or physical storage facility that meets personal data security standards, obligations required by competent authorities and regulations, and/or customs that are considered reasonable in business.

4. The Customer is required to independently notify Kaya if there are any changes to the Customer's personal data through the page available on the Kaya App and/or any communication channels provided by Kaya. The absence of any information related to data changes may be interpreted as no data change has occurred, and Kaya is released from any responsibility that may arise in the future due to disputes caused by data changes that were not informed as described.

IV. REGISTRATION REQUIREMENTS

Before registering as a Kaya Customer, the Customer must meet the following requirements:

i. Must be an individual;

ii. Indonesian citizen or foreign national ("WNA") registered as a taxpayer in Indonesia;

iii. Possess a valid National Identity Card ("KTP") or passport for foreign nationals registering;

iv. Be at least 17 years old;

v. Possess an active mobile phone number registered in Indonesia;

vi. Possess an active email address owned personally; and

vii. Be legally capable of entering into a legal agreement, including but not limited to binding oneself to Kaya through an agreement.

V. REGISTRATION PROCEDURE

1. Registration as a Kaya Customer can only be done through the Kaya App, which can be downloaded from the App Store (for iOS devices) or Google Play Store (for Android devices).

2. Prospective Customers will be required to fill out the form provided in the Kaya App completely and accurately, including but not limited to full name, place and date of birth, current residential address, active mobile phone number, and email address.

3. For the purposes of verification as required by OJK, prospective Customers must upload a readable KTP photo and a selfie with the KTP on the Kaya application.

4. Once all documents have been completed and uploaded by the prospective Customer in the Kaya App, the registration process will proceed with verification of the data provided by the prospective Customer to Kaya within a maximum of two Business Days.

5. After the verification process is completed, Kaya will provide the verification results to the prospective Customer via email sent to the registered email address, which will be:

a. Registration accepted, thus becoming a Customer and able to fully use the Kaya App; or

b. Registration rejected.

6. If the registration is rejected, the prospective Customer will be given two Business Days to complete the documents requested by Kaya, as communicated with the verification results email.

7. The registration will automatically be canceled if the prospective Customer fails to complete the requested documents within the specified deadline as mentioned in point 6.

8. The prospective Customer hereby declares and guarantees that all data provided for the registration process as a Kaya Customer is accurate, valid, and their own, obtained through legal means. The prospective Customer hereby agrees to release Kaya from all claims and legal responsibilities and agrees to compensate for any data provided that is inaccurate, invalid, and obtained through illegal means. Kaya is not responsible for the authenticity, validity, accuracy, and truthfulness of all data provided by the prospective Customer during the registration process to become a Kaya Customer.

9. The Customer is the sole beneficial owner (ultimate beneficiary) of the account opened. The Customer is prohibited from opening an account for use by another person, selling the account to another party, and/or using the account for unlawful purposes and/or methods.

VI. ACCOUNT USAGE

1. The verified account can be used by the Customer to conduct all financial transactions provided by Kaya in the Kaya App, including:

i. Purchase/Sell a Single Product

ii. Purchase/Sell Multiple Products with Portfolio

iii. Purchase/Sell using KayaSmart+ Portfolio

2. The Customer's account can only be used by the Customer and cannot be given or transferred in any form or manner to another party.

3. The Customer is prohibited from using the account and/or their account for unlawful purposes and/or methods.

4. The Customer hereby agrees to release Kaya from all compensation, liability, claims, and/or costs (including costs incurred from legal actions) that may arise related to the execution of transactions based on the Customer's instructions, unless the Customer can prove otherwise.

VII. ACCOUNT CLOSURE

1. If the Customer no longer wishes to use the Kaya App or wants to close their account, the Customer can submit an account closure request to Kaya's Customer Care service.

2. Kaya may block and/or close the Customer's account if:

i. The Customer is suspected of misusing the account, including but not limited to accommodating and/or committing criminal acts and/or fraud related to the account, services, and/or facilities in the Kaya App that could cause losses to Kaya, third parties, and/or the public.

ii. The Customer provides information or data deemed suspicious by Kaya, as the data/information is suspected to be false, invalid, and/or incomplete. Additionally, the Customer refuses to provide the data/information requested by Kaya as per legal or regulatory requirements.

iii. The Customer's identity data appears on the List of Suspected Terrorists and Terrorist Organizations (DTTOT), List of Funding for the Proliferation of Weapons of Mass Destruction (Proliferation WMD) issued by the Financial Transaction Reports and Analysis Center (PPATK) and/or other blacklists issued by the competent authorities.

iv. The funds used by the Customer for transactions are suspected or known to originate from criminal acts.

v. Kaya receives a written request from the competent authorities, including but not limited to the police, attorney general, courts, PPATK, tax office, or other institutions in accordance with applicable laws and regulations.

3. If the Customer's account is closed by Kaya for the reasons mentioned in point 2, Kaya will request the Customer to withdraw or transfer the remaining balance in the account to another bank account. Kaya reserves the right not to disclose the reason for the account closure to the Customer unless otherwise required by law.

4. If the Customer:

i. Passes away;

ii. Is declared bankrupt; or

iii. Is placed under guardianship for any reason.

The Customer does not have the right to manage and/or control their account and/or bank account. The account and bank account will be closed by Kaya, and the remaining balance will be paid to the party designated by the Customer and/or the rightful party according to the applicable laws and regulations.

5. In case of a dispute between the Customer and the designated party or among parties claiming to be the Customer's heirs, Kaya has the right to withhold payment of the account balance to anyone until an agreement has been reached between the Customer and the other party, or a final court decision has been received.

VIII. RISKS

1. Kaya is not responsible for incidents caused by negligence, incompleteness, or unclear data and/or instructions provided by the Customer. The Customer is responsible for ensuring that the data and/or instructions provided to Kaya are accurate and complete.

2. Kaya will assume that all data and/or instructions provided by the Customer are accurate, complete, and appropriate for execution, especially for all transaction instructions made in the Kaya App.

3. The Customer agrees that Kaya has the right to temporarily suspend services within the Kaya App for a specified period. This suspension is done for application maintenance and/or other purposes deemed valid by Kaya. This suspension may be done with or without prior notice, and without liability to anyone.

4. The Customer agrees that Kaya has the right to update, modify, and/or change the Kaya App or other software owned by Kaya used to access the Kaya App at any time without notice and without providing any reason.

5. The Customer agrees that Kaya has the right not to support the previous version of the Kaya App software. Kaya is not responsible for Customers who fail to update the relevant software version or use an incomplete version, or for the consequences arising from using the old version.

6. Kaya is not responsible for the use of the Kaya application on devices modified by the user, including but not limited to devices that have been jailbroken or rooted.

IX. SECURITY INFORMATION

1. Security information, including the Customer's name, password, OTP, and PIN, will be required for login, software activation, and execution of any security information established by the Customer. The Customer has an obligation to ensure that they have a strong password and do not have a password that is easy to guess. The Customer is responsible for the security and confidentiality of all use of their Kaya App.

2. The Customer is responsible for ensuring that security information remains confidential, as such information is equivalent to instructions signed by the Customer. This security information will be considered as clear authorization by the Customer for executing transactions through the Kaya App.

3. The Customer can use fingerprints and/or facial recognition as a substitute for the previously determined password and/or PIN if the Customer's device has a biometric scanner or facial recognition and/or fingerprint scanner that is adequate. Kaya is not responsible for any misuse of the Customer's fingerprints and/or facial recognition registered on the Customer's device by third parties to use the Customer's account.

4. The Customer is responsible for ensuring the performance and security of any equipment used by the Customer to access the Kaya App. The Customer must ensure that all necessary steps have been taken to prevent unauthorized use or access.

5. The Customer must ensure that the device used to access the Kaya App is free from electronic failures, mechanical failures, corrupted data, viruses, bugs, and/or other software considered harmful or unauthorized by the telecommunications service provider, manufacturer, and/or device provider in every reasonable way. The Customer acknowledges and agrees that Kaya will not be responsible for any losses that may arise from the Customer's failure to comply with this provision.

6. The Customer understands that by conducting transactions through the Kaya App, all communication and/or instructions received by Kaya will be treated as valid evidence without requiring communication or instructions from the Customer in written form or issued in a signed document. The Customer agrees to indemnify and release Kaya from any losses, liabilities, claims, and expenses (including legal costs) arising from the execution of the Customer's instructions.

X. DISPUTE RESOLUTION

1. Any disputes and/or differences of opinion arising from and/or related to these Terms and Conditions between the Customer and Kaya shall be resolved by mutual agreement first.

2. If no agreement is reached between the Customer and Kaya, the dispute will be resolved through an alternative dispute resolution institution authorized by OJK, namely the Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan (LAPS-SJK) with a forum held in Jakarta.

XI. FORCE MAJEURE

The Customer hereby agrees to release Kaya from any and all claims or compensation in the event that Kaya cannot execute the Customer's instructions, either in whole or in part, due to events or causes beyond Kaya's control or ability, including but not limited to natural disasters, riots, wars, failures of devices, systems, or transmissions by banks or other third parties, power outages, telecommunications disruptions, changes in government policies, and events or causes beyond Kaya's control, power, or ability.

XII. CORRESPONDENCE

If the Customer has any questions regarding these Terms and Conditions or any other matters related to Kaya and/or the Kaya App, they can be directed to the Customer Care service as follows:

Email: care@investasikaya.co.id
WhatsApp: +62 818-1877-7708

TERMS AND CONDITIONS
PAYMENTS AND SALES ON THE KAYA APP
PT KAYA LAUTAN PERMATA

GENERAL TERMS AND CONDITIONS

I. DEFINITIONS

The following are definitions of terms used in these Terms and Conditions unless expressly stated otherwise in another part of these Terms and Conditions:

a. APERD refers to PT Kaya Lautan Permata, which has been licensed under Applicable Regulations to act as an agent in the process of offering and brokering Mutual Fund transactions, and also acts as the owner and operator of the Kaya investment portal on Android and iOS as an electronic agent providing Online Transaction Facilities.

b. Custodian Bank refers to a commercial bank that has received approval from the Otoritas Jasa Keuangan (OJK) to conduct business activities as a Custodian, including providing securities custody services (including collective custody of securities owned jointly by more than one party whose interests are represented by the custodian) and other assets related to securities, as well as other services, including collecting dividends, interest, and other rights, settling securities transactions, and representing account holders who are its customers.

c. Online Transaction Facility is an electronic Mutual Fund transaction service provided and issued by PT Kaya Lautan Permata through the Kaya app on Android and iOS.

d. Trading Day refers to the days on which securities trading on the Stock Exchange is conducted from Monday to Friday, except when those days are national holidays or declared holidays by the stock exchange.

e. Kaya is an abbreviation of PT Kaya Lautan Permata and is the application created by PT Kaya Lautan Permata.

f. Kaya Investment App is a Mutual Fund application owned and managed by PT Kaya Lautan Permata to help beginner investors start investing. Kaya Customers can invest optimally because KayaSmart+ will always provide asset allocation according to the customer's risk profile.

g. Investment Manager refers to the investment management company that manages Mutual Funds and has a cooperation agreement with and is a partner of PT Kaya Lautan Permata.

h. Customer refers to an individual who is registered with Kaya or collaborates with PT Kaya Lautan Permata.

i. Net Asset Value is the fair market value of a security and other assets of a Mutual Fund, minus all its liabilities, in accordance with Bapepam Regulation Number: IV.C.2, Attachment to the Decree of the Chairman of Bapepam Number: Kep-367/BL/2012 of 2012 dated July 9, 2012, concerning the Fair Market Value of Securities in the Mutual Fund Portfolio, as amended from time to time. The Net Asset Value of the Mutual Fund is calculated and announced every Trading Day.

j. Purchase refers to an instruction given by the Customer or Unit Holder to purchase Mutual Fund Units in accordance with the applicable terms and conditions.

k. Redemption refers to an instruction given by the Customer or Unit Holder to redeem Mutual Fund Units in accordance with the applicable terms and conditions.

l. Switching refers to an instruction given by the Customer or Unit Holder to switch from one Mutual Fund Unit to another Mutual Fund Unit, provided that the Mutual Fund Units are managed by the same Investment Manager and Custodian Bank.

m. Individual refers to someone who becomes a Customer after meeting the Applicable Regulations.

n. Applicable Regulations refer to the laws and regulations in force in the Republic of Indonesia, including but not limited to regulations and policies issued by the Financial Services Authority, as well as the provisions and associations of PT Kaya Lautan Permata that are related to and part of the Regulations from the Minister of Finance of the Republic of Indonesia.

o. Mutual Fund refers to an investment product managed by the Investment Manager who is a partner of PT Kaya Lautan Permata.

p. KayaSmart+ is a technology designed to help Clients optimize their mutual fund asset allocation in line with their risk profile and dynamic market conditions. KayaSmart+ automatically Rebalances the Client’s portfolio by adjusting the asset allocation parameters to match market strategies based on advanced analysis.

q. Unit refers to the unit of ownership of the Mutual Fund held by the Customer.

II. TERMS AND PROCEDURES

1. Kaya may establish certain terms and procedures in the account opening process through the online transaction facility in the Kaya App, after analyzing all applicable provisions. These terms and procedures may also be changed from time to time without prior notice to the Customer.

2. The Customer agrees to bind themselves to create, sign, provide, and complete all data, agreements, and other documents required by Kaya in connection with these changes.

3. The Customer also agrees to other terms and conditions listed in the securities transactions in Kaya, including the terms and conditions of use of the online transaction facility and all other terms and conditions set forth for each security.

III. ACCOUNT COMPLETION

1. The opening of a securities account in Kaya can only be done after the Customer has completed the account opening form accurately and completely, and provided all required documents in accordance with applicable regulations.

2. The Customer hereby declares that they have read, understood, and agreed to all the terms and conditions set by Kaya, including agreeing to be bound by all the terms and conditions of the securities account opening, transactions, transaction procedures, and other conditions set by Kaya, along with any future changes, by signing the account opening form as mentioned above.

IV. KNOW YOUR CUSTOMER PRINCIPLE

Subject to applicable laws and regulations, especially in the financial services sector and specifically regarding the Know Your Customer and Customer Due Diligence Principles, as per the Otoritas Jasa Keuangan (OJK) Regulation Number 8 of 2023 concerning the Implementation of Anti-Money Laundering and Terrorism Financing Prevention Programs in the Financial Services Sector by Financial Services Providers in the Capital Market Sector, and its amendments from time to time, by submitting and completing the securities account opening form, the Customer hereby agrees to:

i. Undergo an interview, either online or offline, through services provided by Kaya;

ii. Provide the necessary information to Kaya, such as background, identity, the purpose of account opening, and other information to allow Kaya to obtain the Customer's profile and risk, including but not limited to:

a. Disclosing the identity of another party if the Customer acts and/or conducts transactions on behalf of another party.

b. Submitting information about themselves or another party who benefits in the event that the Customer acts on behalf of another party, or the party representing the Customer in conducting transactions, by providing explanations and documents required in connection with the securities account opening, legal relationship, and authority to act on behalf of another party.

V. CANCELLATION AND REJECTION

Kaya reserves the right to reject the account opening, refuse and/or cancel transactions conducted by the Customer in the event that:

i. The Customer fails to complete the account opening form completely, accurately, or in its entirety.

ii. The Customer refuses to provide information and/or submit supporting documents required to meet the requirements and/or not in accordance with the manner required in the account opening form and applicable laws and regulations.

iii. The Customer fails to meet the Know Your Customer Principle requirements as referred to in the applicable laws and regulations in the capital market sector.

VI. POWER OF ATTORNEY

By signing the account opening form, the Customer agrees to grant Kaya the authority to verify the accuracy and thoroughness of the information provided by the Customer from any source deemed appropriate by Kaya.

VII. INFORMATION DISCLOSURE

1. The Customer agrees that Kaya may provide the data and information provided by the Customer to the following parties:

i. Custodian Bank and/or Investment Manager in order to execute Mutual Fund transactions on behalf of the Customer;

ii. Kaya using the Kaya App or other services as a medium to conduct the Customer's Mutual Fund transactions online;

iii. Otoritas Jasa Keuangan (OJK) and other institutions in accordance with the applicable laws and regulations of the Republic of Indonesia that require information about the Customer.

2. The Customer is prohibited from taking any action that prevents Kaya from providing the Customer's information to the aforementioned parties. The Customer hereby releases Kaya from any losses and legal claims that may be suffered by the Customer as a result of the disclosure of information about the Customer to these parties.

3. Kaya will provide customer data to third parties only for the purpose of processing Single Investor Identification (SID), Customer Due Diligence (CDD), and Enhanced Due Diligence (EDD) processes.

GENERAL TRANSACTION TERMS

VIII. INSTRUCTIONS

1. The Customer may give instructions for transactions and/or investments in accordance with and based on the terms and conditions contained in each Mutual Fund. Kaya will consider all instructions received from the Customer as valid as long as they are received by Kaya and carried out in accordance with the procedures implemented by Kaya.

2. The Customer is required to provide and/or submit instructions to Kaya through the media or means determined by Kaya. Kaya is not responsible if the instructions submitted by the Customer are not included in the media or means determined by Kaya, and such instructions are considered never to have been given by the Customer to Kaya.

3. Kaya is not obliged to check, verify, and prove the authenticity, origin, or validity of all instructions from the Customer to Kaya, or any other matters related to the instructions given by the Customer online.

IX. EXECUTION OF INSTRUCTIONS

Kaya will immediately execute all instructions received from the Customer, but the execution of the instructions received depends on the conditions and transaction procedures as stated in the General Transaction Terms below, as well as the Terms and Conditions set by each Security. Kaya cannot change and/or revoke any instructions already submitted by the Customer.

X. CANCELLATION AND AMENDMENT OF TRANSACTIONS

Cancellation and/or amendment of transactions can only be made if the transaction process has not been approved by PT Kaya Lautan Permata.

XI. TRANSACTION REJECTION

Kaya has the right to reject the Customer's instructions if Kaya finds indications that the Customer has violated the terms and conditions set by Kaya, those in the prospectus, or the applicable laws and regulations.

TRANSACTION PROCEDURE

XII. PURCHASE PROCEDURE

The Customer can only purchase Mutual Fund units after successfully opening an account in Kaya. The Customer will fill out and submit an electronic purchase form for the selected Mutual Fund product. Kaya, the Investment Manager, and the Custodian Bank will only process this request under the following conditions:

i. If the Customer's purchase form is received before 1:00 PM Western Indonesian Time (WIB), the transaction will be processed using the Net Asset Value on the same Trading Day.

ii. If the Customer's purchase form is received after 1:00 PM WIB, the transaction will be processed using the Net Asset Value on the next Trading Day.

Kaya, the Investment Manager, and the Custodian Bank will process the purchase of Mutual Fund Units if all these conditions have been met and the payment has been credited to the Mutual Fund account.

XIII. REDEMPTION PROCEDURE

The Customer can redeem Mutual Fund Units in accordance with the terms and conditions set by Kaya. Each Customer's request to redeem the Mutual Fund Units must include the number of Units redeemed or the amount of funds to be redeemed. The Customer can start this process by filling out the electronic redemption form. Kaya, the Investment Manager, and the Custodian Bank will only process this request under the following conditions:

i. If the Customer's redemption form is received before 1:00 PM WIB, the transaction will be processed using the Net Asset Value on the same Trading Day.

ii. If the Customer's redemption form is received after 1:00 PM WIB, the transaction will be processed using the Net Asset Value on the next Trading Day.

The Customer will receive the redemption proceeds in the bank account recorded in the Kaya system within a maximum of 7 (seven) Trading Days.

XIV. SWITCHING PROCEDURE

The Customer can switch Mutual Fund Units they own in Kaya. Through this process, the Customer can transfer the currently owned Units to other Mutual Fund units, provided it follows the terms of PT Kaya Lautan Permata. The Customer can request this service by using and completing the switching form with the number of Units or the amount of funds to be switched. PT Kaya Lautan Permata, the Investment Manager, and the Custodian Bank will only process this request under the following conditions:

i. If the Customer's switching form is received before 1:00 PM WIB, the transaction will be processed using the Net Asset Value on the same Trading Day.

ii. If the Customer's switching form is received after 1:00 PM WIB, the transaction will be processed using the Net Asset Value on the next Trading Day.

iii. The investment manager managing the mutual fund must be the same.

iv. The minimum amount of funds for switching is 110% of the minimum mutual fund purchase or 110% of the minimum unit ownership of the mutual fund product to be switched.

CONFIRMATION, MONTHLY REPORT, AND NOTIFICATION

XV. TRANSACTION CONFIRMATION

The Customer acknowledges and understands that the confirmation of Mutual Fund transactions (purchase, redemption, switching) issued by the Custodian Bank can be accessed through the securities ownership reference system, email, and notification within two Business Days.

XVI. MONTHLY REPORT

The Customer acknowledges and understands that the Monthly Mutual Fund Report will be issued by the Custodian Bank and can be accessed through the Acuan Kepemilikan Sekuritas (KSEI Access) system.

XVII. NOTIFICATION

Kaya is not responsible for any inaccuracies, interruptions, errors, delays, or failures in the transmission or delivery in the form of electronic communication and/or other forms. Kaya is also not responsible for the failure of reception or malfunction of equipment and communication tools owned by the Customer, and the Customer assumes all risks that may arise regarding all notifications and communications from the Customer or Kaya.

XVIII. ACCOUNT CLOSURE

If the Customer does not have Securities in their account, Kaya reserves the right to close the Customer's account in Kaya.

XIX. INDEMNIFICATION

Any losses, damages, claims, or lawsuits experienced by the Customer that may occur due to incomplete information provided by the Customer or due to the Customer's instructions not being executable for reasons beyond Kaya's control are not the responsibility of Kaya, including the cancellation and/or amendment of instructions to Kaya. The Customer is responsible for all activities conducted by the Customer and releases Kaya, its subsidiaries, affiliates, shareholders, directors, officers, employees, and licensors from any claims, losses, payments, including legal fees and court costs, that arise either directly or indirectly from something experienced by the Customer and executed or not executed based on the Customer's instructions.

XX. FORCE MAJEURE

The Customer hereby agrees to release Kaya from any and all claims or compensation in the event that Kaya cannot execute the Customer's instructions, either in whole or in part, due to events or causes beyond Kaya's control or ability, including but not limited to natural disasters, riots, wars, failures of devices, systems, or transmissions by banks or other third parties related to Kaya's business activities, power outages, telecommunications disruptions, changes in government policies, and events or causes beyond Kaya's control, power, or ability.

XXI. CUSTOMER DECEASED

In the event that the Customer passes away, the heirs or parties authorized to represent the Customer may notify Kaya, particularly about the identity of the legitimate heirs designated by the Customer. Regarding the Mutual Fund Units owned by the Customer, these units can be redeemed and returned or transferred to the heirs as other securities holders. This process can be initiated by submitting a death certificate, a certificate of inheritance, a will, and other documents required by Kaya to determine the rightful heirs of the Customer entitled to receive the deceased Customer's securities account.

Kaya will close the Customer's securities account after the securities account has been distributed according to the will and applicable laws and regulations to the heirs or executors of the will. The Customer, along with their heirs and/or executors, hereby agrees to release Kaya from any claims, liabilities, and/or demands of any kind in the process of transferring assets in the deceased Customer's securities account.

MISCELLANEOUS

XXII. OTHER PROVISIONS AND AMENDMENTS

These Terms and Conditions may not fully address every situation, and Kaya reserves the right to amend, add, or replace the rules made to comply with applicable laws and regulations or due to Kaya's internal decisions without prior notice to the Customer.

XXIII. DISPUTE RESOLUTION

1. Any disputes and/or differences of opinion arising from and/or related to these Terms and Conditions between the Customer and Kaya shall be resolved by mutual agreement first.

2. If no agreement is reached between the Customer and Kaya, the dispute will be resolved through an alternative dispute resolution institution authorized by OJK, namely the Lembaga Alternatif Penyelesaian Sengketa Sektor Jasa Keuangan (LAPS-SJK) with a forum held in Jakarta.

XXIV. CORRESPONDENCE

If the Customer has any questions regarding these Terms and Conditions or any other matters related to Kaya and/or the Kaya App, they can be directed to the Customer Care service as follows:

Email: care@investasikaya.co.id
WhatsApp: +62 818-1877-7708

TERMS AND CONDITIONS
USE OF KAYA APPLICATION
PT KAYA LAUTAN PERMATA

I. INTRODUCTION

This document outlines the terms and conditions that will regulate the use of the Kaya App. Customers who use the Kaya App agree to follow all the terms and conditions listed below, as well as the privacy policy set by Kaya.

II. PURPOSE

Kaya is the owner of the Kaya App, created to provide facilities for its Customers to invest in mutual fund products that can be found on the Kaya App. A Customer is someone who is registered with Kaya, but individuals who are not yet registered as Kaya Customers and use the Kaya App are still subject to these terms and conditions.

III. INTELLECTUAL PROPERTY RIGHTS

Kaya is the sole owner of all rights to all content created and used in the Kaya App, including but not limited to text, images, animations, data, and videos. These rights are protected by Law Number 28 of 2014 concerning Copyright as amended from time to time and other regulations related to intellectual property rights. Any party is prohibited from duplicating, distributing, modifying, publishing, reusing, transferring, or creating alternative content from any content found in the Kaya App.

IV. CONTENT WARRANTY

Kaya issues information solely for educational purposes and not as advice or recommendations for those who access the content provided by Kaya. Kaya will always work in good faith to provide Customers with the most accurate information possible. Kaya cannot guarantee that all information provided is free from errors, omissions, technical or factual inaccuracies, or typographical errors. Kaya does not intend to be the primary source of information for any and all mutual fund products. Kaya encourages Customers to use other official information sources and not rely solely on the information provided by Kaya, as the information published is intended as a supplement and complement to other information.

V. NON-LIABILITY

Kaya is not legally responsible, either criminally or civilly, if the Customer suffers losses due to errors or inaccurate information provided either in the Kaya App and/or in other media managed by Kaya. Kaya will always strive to ensure that all information published by Kaya across all its media is up-to-date, but Kaya is under no obligation to update the information it publishes. The Customer is responsible for seeking information from other relevant sources and materials before deciding to buy or sell products in the Kaya App.

VI. LINKS TO THIRD-PARTY MEDIA

Kaya may include links to third-party sites that it controls; in such cases, Kaya should not be construed as endorsing or supporting the services or products of these third parties. Kaya is not responsible for any errors that may occur in the services or products of these third parties. The Customer understands that third-party media have their own terms and conditions and may have lower security standards.

VII. FORWARD-LOOKING STATEMENTS

The Customer understands that projections or statements about an investment product are merely predictions and not results that are certain to occur in the future. The historical performance of a product is not an indication of its future performance. The Customer is advised to seek professional assistance to understand all the risks associated with each investment product before investing.

VIII. RISKS

The Customer understands that all investments found in the Kaya App carry their own inherent risks. The Customer is not guaranteed any positive or negative returns on their investments.

IX. DATA USAGE

Kaya has its own privacy policy regarding the use of Customer data, which may be provided to third parties. Therefore, data usage will not always be governed by the same policy; the Customer agrees to release Kaya from any and all claims for losses that may arise due to errors by these third parties. The Customer will be asked to grant permission to these third parties when necessary.

X. USE OF KAYASMART+

1. Purpose of KayaSmart+:

   • KayaSmart+ is designed to streamline investment management, keeping the Client's portfolio balanced without the need for manual intervention.

   • The feature only performs switching between mutual fund products managed by the same Asset Management Company and will not initiate subscription or redemption processes.

2. Authorization:

   • By activating KayaSmart+, the Client declares that they fully understand and agree to the use of this feature. The Client grants full authorization to PT Kaya Lautan Permata (Investasi Kaya) to perform switching between asset classes within the portfolio according to the optimized strategy provided by KayaSmart+.

   • All actions performed by KayaSmart+ in the switching process are based on analyses intended to improve the portfolio’s efficiency.

3. Limitation of Liability:

   • Kaya cannot guarantee any specific results or investment returns. Therefore, the Client cannot hold PT Kaya Lautan Permata (Investasi Kaya) liable or request any compensation for losses incurred from using the KayaSmart+ feature.

   • The Client acknowledges and accepts the risks associated with investing, including but not limited to market risk, liquidity risk, credit risk, operational risk, and other potential risks, regardless of the use of this feature.

4. Investment Risks:

   • The Client must understand that investment values may fluctuate with market changes. Past performance does not guarantee future results.

   • Mutual fund investments come with inherent risks, including the potential loss of part or all of the invested amount. By using KayaSmart+, the Client agrees to accept all investment-related risks.

5. Free Feature:

   • KayaSmart+ is offered free of charge to all Kaya Clients. Clients can leverage this technology to manage their portfolios more efficiently without incurring additional costs.

6. Client Consent Statement:

   • By activating the KayaSmart+ feature, the Client declares: “I fully understand the features and investment policies I have chosen. I hereby authorize PT Kaya Lautan Permata (Investasi Kaya) to perform switching between asset classes within my portfolio according to the investment parameters set. I also acknowledge that all decisions made using this feature are final, and I will not hold Kaya responsible for the outcomes.”

7. Option to Deactivate KayaSmart+:

   • Clients have the right to deactivate the KayaSmart+ feature at any time through the portfolio menu in the Kaya app. Once deactivated, asset allocation within the Client’s portfolio will no longer undergo automatic switching, and the Client will assume full responsibility for managing their investments independently.

   • Deactivating the feature does not affect transactions or investment decisions made before the feature was deactivated.

If a Customer has a portfolio valued below Rp2,500,000.00 (two million five hundred thousand rupiah), Kaya recommends that the Customer purchase products with a minimum purchase of Rp10,000.00 (ten thousand rupiah) to facilitate the switching process.

XI. GOAL-BASED INVESTING

The Kaya App offers a goal-based investing service as a tool for Customers, providing the most optimal portfolio choices based on the goals set by the Customer. Kaya does not guarantee any specific returns for its Customers. Kaya is not responsible for any losses, damages, claims, or lawsuits experienced by the Customer that may arise as a result of using goal-based investing.

XII. FINANCIAL CALCULATOR

The Kaya App offers a financial calculator tool to help Customers calculate the returns on investments they choose based on the investment period, investment amount, and selected mutual funds. Kaya does not guarantee any specific returns for its Customers. Kaya is not responsible for any losses, damages, claims, or lawsuits experienced by the Customer that may arise as a result of using the financial calculator.

XIII. USE OF OCR

Kaya uses OCR (Optical Character Recognition) technology to assist Customers in the SID (Single Investor Identification) registration process in the Kaya App. With OCR technology, Customers can take photos of their identification cards. Kaya is not responsible for any errors, claims, or lawsuits experienced by the Customer that may arise as a result of using OCR technology.

XIV. CHANGES TO TERMS AND CONDITIONS

These Terms and Conditions may not fully address every situation, and Kaya reserves the right to amend, add, or replace the rules made to comply with applicable laws and regulations or due to Kaya's internal decisions without prior notice to the Customer.

XV. ELECTRONIC SIGNATURE

Referring to Law Number 11 of 2008 concerning Electronic Information and Transactions as amended from time to time, as well as Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions as amended from time to time, any electronic signature provided by the Customer on documents related to or in connection with the use of the Kaya App is valid and equivalent to a regular (wet) signature. The Customer agrees not to challenge the validity, origin, or authenticity of electronic signatures on documents related to Kaya.

XVI. STAMP DUTY

In mutual fund investments, there are fees to consider. One of the fees that must be paid is the Stamp Duty for each mutual fund transaction (purchase, redemption, switching, dividend units) exceeding Rp10 million per day.

Starting in 2022, Stamp Duty will be imposed on customers with daily transactions exceeding Rp10,000,000.00. The fixed Stamp Duty rate is Rp10,000.00 per day.

XVII. TAXES

All taxes arising from the Customer's transaction activities in the Kaya App will be borne by the party conducting the activity. Kaya is not responsible for the Customer's taxes unless otherwise specified by the general provisions of the mutual fund asset service.

TERMS AND CONDITIONS
PROMOTIONS
PT KAYA LAUTAN PERMATA

I. KAYA CONTENT

All content produced by Kaya for various media, both online and offline, is intended solely for educational, promotional, and/or other purposes as determined by Kaya. Kaya is not responsible for any consequences or losses that may arise if such content is distributed by parties other than those designated by Kaya.

II. NO OFFER AND SOLICITATION

All content created and published across any online or offline media managed by PT Kaya Lautan Permata does not constitute an offer or solicitation for readers to purchase mutual fund securities. All content created by PT Kaya Lautan Permata is purely educational and intended solely for viewing, not to be used as a basis for purchasing or selling any investment-related product. PT Kaya Lautan Permata does not provide advice on taxes, legal matters, or accounting. We recommend consulting with experts or professionals in each respective field. PT Kaya Lautan Permata also does not provide recommendations to buy, sell, or hold securities or other investments by referencing such securities or issuers.

All content produced by Kaya for various media, whether online or offline, is not and should not be considered as an offer or solicitation for viewers to purchase mutual fund securities. Content produced by Kaya cannot be solely relied upon or used as advice for purchasing or selling any investment product. Kaya is not responsible for any consequences or losses that may arise if such content is unilaterally used as a reference and/or advice by its viewers.

III. NO OBLIGATION

Kaya and all persons and entities affiliated with it are not obligated to be responsible for any losses incurred by Customers due to the use or inability of Customers in any form to access or use social media platforms owned and managed by Kaya. All risks associated with using or accessing Kaya's social media platforms will be borne by the Customer alone.

IV. E-MAIL DISCLAIMER

All emails sent by Kaya are confidential and are only intended for relevant Customers who have invested in Kaya, in accordance with regulations and supervised by the Otoritas Jasa Keuangan (OJK) in Kaya's capacity as an APERD. Customers are prohibited from duplicating, distributing, or copying this confidential information for other parties without Kaya's consent. As an APERD, PT Kaya Lautan Permata is not responsible for the asset management risks undertaken by investment managers. Customers understand that all investments inherently carry risks, and investments may result in losses. The historical performance of a mutual fund is not an indication of the future performance of that mutual fund. Historical performance, predicted returns, and probability projections are provided only for informational and illustrative purposes.

Every email sent by Kaya is only from the email address care@investasikaya.co.id. Kaya is not responsible for any and all losses that may arise due to Customers' negligence in using information and/or data from emails provided by parties pretending to be Kaya or its representatives.